It is hereby determined that:
A. Land development activities and associated increases in site impervious
cover often alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, stream channel
erosion, or sediment transport and deposition;
B. This stormwater runoff contributes to increased quantities of waterborne
pollutants, including siltation of aquatic habitat and an increase
in the water temperature, which are detrimental to fish and other
desirable species;
C. Clearing and grading during construction tends to increase soil erosion
and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
D. Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream baseflow;
E. Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff thereby increasing
stream bank erosion and sedimentation;
F. Substantial economic losses can result from these adverse impacts
on the waters of the municipality;
G. Stormwater runoff, soil erosion and nonpoint source pollution can
be controlled and minimized through the regulation of stormwater runoff
from land development activities;
H. Proper design, construction and maintenance of stormwater management
practices can greatly increase their effectiveness in water quality
treatment and water quantity control;
I. Green infrastructure is an effective and desirable method to reduce
impacts from stormwater runoff and should be implemented in order
to restore natural hydrologic regimes, increase infiltration, slow
water, and protect communities from the risks associated with stormwater
runoff and soil erosion;
J. Stormwater management practices involving infiltration recharge the
groundwater table and provide a high degree of water quality treatment;
K. Stormwater practices involving bioretention provide a high degree
of water quality treatment;
L. The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety;
M. Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development more compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development;
N. Climate change and the increased risk of severe storms with the capacity
to increase stormwater runoff and soil erosion pose a significant
threat to a community's sustainability and the safety of its citizens
through potential increases in pollution of its waterways and damage
to infrastructure, economic assets, and natural resources;
O. Stream buffers and vegetated floodplains treat stormwater, improve
water quality, reduce floodwater velocity, and provide a right-of-way
for flood events; and
P. Fitting the development design to the terrain and avoiding steep
slopes, floodplains, and wetlands helps to preserve the natural hydrology
and drainageways of a site, reduces the need for grading and land
disturbance, and provides a framework for site design and layout.
The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within the Town of New Paltz and to address the findings of fact in §
116-1 hereof. This chapter seeks to meet those purposes by achieving the following objectives:
A. Meet the requirements of minimum measures 4 and 5 of the current
version of the NYS Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Stormwater Discharges from municipal separate sewer systems (MS4s);
B. Require regulated land development activities to conform to the substantive
requirements of the most current version of the NYS Department of
Environmental Conservation (SPDES) General Permit for Construction
Activities;
C. Encourage the use of green infrastructure practices as part of all
land development activities, but especially those activities requiring
site plan or subdivision plan approval, to control stormwater runoff,
protect natural areas, reduce impervious cover, maintain natural hydrology,
and using runoff reduction techniques to the maximum extent practicable;
D. Require that regulated land development activities be designed so
that there is no net increase in stormwater runoff from those activities
in order to reduce flooding, siltation, increases in stream temperature
and stream bank erosion and maintain the integrity of stream channels;
E. Minimize increases in pollution caused by stormwater runoff from
land development activities which would otherwise degrade local water
quality and harm fish and wildlife habitats;
F. Minimize the total annual volume of stormwater runoff which flows
from any specific site during and following development to the maximum
extent practicable;
G. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety;
H. Adapt to current and projected climate change impacts, decrease risk
of storm-related flooding, and increased resilience to severe storm
surge; and
I. Reduce the impact on the environment, protect water quality, reduce
the potential for erosion and protect sensitive habitats by locating
development away from floodplains, ecologically sensitive areas, and
permeable soils to the extent practicable, and limiting the amount
of clearing and grading.
This chapter is enacted pursuant to § 10 of the Municipal
Home Rule Law of the State of New York, which gives the Town Board
of New Paltz the authority to enact local laws and amend local laws,
for the purpose of promoting the health, safety or general welfare
of the Town of New Paltz and for the protection and enhancement of
its physical environment. The Town Board of New Paltz may appoint
municipal officers, employees, or independent contractors to effectuate,
administer and enforce such local law.
The following activities are exempt from review under this chapter:
A. Agricultural activity, as defined in this chapter;
B. Silviculture activity, except that landing areas on log haul roads
are subject to this chapter;
C. Routine maintenance activities that disturb less than one acre of
land and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility;
D. Repairs to any stormwater management practice or facility deemed
necessary by the SMO, after consultation with the Town Engineer, to
accomplish the purposes of this chapter;
E. Any construction on a lot shown on a plat of subdivision or a site
plan which has received final approval by the Town of New Paltz and
on which construction has commenced or for which a building permit
was properly issued on or before the effective date of this chapter,
and remains valid. However, site plans and subdivisions, or any part
thereof, that have received final approval by the Town of New Paltz
and construction has not commenced on or before the effective date
of this chapter shall comply to the maximum extent practicable with
the applicable requirements of this chapter, as directed by the SMO
and the Town Engineer;
F. Land development activities being conducted on land not incorporated
within an approved subdivision, but for which a building permit has
been approved on or before the effective date of this chapter, and
which permit remains valid.
H. Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
I. Emergency activities determined by the Town Board to require immediate
implementation in order to protect life, property or natural resources;
J. Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family;
K. Landscaping and horticultural activities in connection with an existing
structure and/or existing site improvements.